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Removing Barriers Blog

New York Surcharge Law Oral Argument at the Supreme Court
Posted January 11, 2017 by CUNA Advocacy

Yesterday the Supreme Court heard oral arguments in Expressions Hair Design v. Schneiderman, an appeal to the New York law that bans surcharges for payment of good or services by credit card.  The plaintiffs claim that the New York’s law violates a merchant’s right of free speech by regulating how they communicate a pricing structure to customers. 

The United States Court of Appeals for the Second Circuit in 2015 overturned a U.S. District Court ruling in 2013 that the law violated the First Amendment.  CUNA filed an amicus brief supporting the New York law.  CUNA also has filed amicus at the appellate level supporting similar state laws in Florida, Texas and California.